C. MATERIAL Y MÉTODOS
2.5. METODOLOGÍA DEL ESTUDIO ANATOMOPATOLÓGICO.
7.1000 CONDITIONAL USE PERMITS
7.1010 Conditional use permits may be issued for any and only the uses or
purposes for which such permits are required or permitted by provisions of this Ordinance.
7.2000 APPLICATION
7.2010 Applications for conditional use permits shall be submitted to the Zoning Administrator on forms supplied by the Zoning Administrator for that purpose.
7.2020 The application must include sufficient information to allow the Planning Commission to find that the standards and criteria stated in this ordinance for the granting of such permit can or can not be satisfied, including but not limited to a description of the proposed use, site plans, and
surrounding land use. If the property is located within the floodplain overlay district the application must also include:
7.2021 Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed
structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel. 7.2022 Specifications for building construction and materials, flood-
proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
7.3000 ADMINISTRATIVE PROCEDURE
7.3010 Upon receipt of an application the Zoning Administrator shall review the application as to form, completeness, and compliance with the provisions of this ordinance. If found to be proper the Zoning Administrator shall submit the application to the Planning Commission.
7.3020 If the property is located in the floodplain overlay district the Zoning Administrator may transmit one copy of the application to a designated engineer or other expert person or agency for technical assistance, when deemed necessary by the Zoning Administrator. Technical assistance may include, but not limited to: evaluate the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the proposed use, the potential for impact on the surrounding land uses, the
adequacy of the plans for protection, and other technical matters. The expenses for said technical assistance shall be the responsibility of the applicant, and shall be paid in full prior to any conditional use permit decision.
7.4000 HEARING REQUIRED. The Planning Commission shall hold a public hearing on applications for a Conditional Use Permit unless waived by the Board of County Commissioners.
7.4100 Time of hearing. An application which has been correctly filled out and completed for a Conditional Use Permit shall be placed on the schedule for hearing at a meeting of the Planning Commission within sixty (60) days but after twenty (20) days of the filing of an application.
7.4200 NOTIFICATION AND PUBLIC HEARING
7.4210 Upon receipt in proper form of the application and other requested material, the Planning Commission shall hold at least one (1) public hearing in a location to be prescribed by the Planning Commission.
7.4220 At least ten (10) days in advance of each hearing, notice of the time and place of such hearing shall be published in the official paper of the County.
7.4230 All property owners within one-quarter mile or the ten (10)
properties nearest to the affected property, with greatest number of owners, shall be notified by U.S. Mail as to the time and place of the public hearing. Whichever would provide notice to the written notice shall be given to the affected town board and the municipal council of any municipality within two miles of the affected property and the property owners.
7.4240 If the property is within the shoreland or floodplain overlay districts notice shall be served by mail to the Commissioner of Natural Resources including a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing.
7.4250 For feedlots, the owner of any lot (s) or parcel (s) of land within the separation setbacks as defined in 19.4000 of this ordinance.
7.5000 PROCEDURE
Commission shall call the hearing to order. The Commission shall then receive testimony so as to obtain sufficient information on which to base their decision.
7.5100 In all cases the Commission shall consider whether:
7.5101 The proposed use is a conditional use expressly designated in the ordinance; and,
7.5102 The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the immediate vicinity; and,
7.5103 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area; and,
7.5104 Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided; and,
7.5105 Adequate measures have been or will be taken to provide sufficient off- street parking and loading space to serve the proposed use; and,
7.5106 Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.
7.5200 Additionally, if the property is located in the SHORELAND OVERLAY DISTRICT a thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site must be made to ensure:
7.5201 The prevention of soil erosion or other possible pollution of public waters, both during and after construction; and,
7.5202 The visibility of structures and other facilities as viewed from public waters is limited; and,
7.5203 The site is adequate for water supply and on-site sewage treatment; and, 7.5204 The types, uses, and numbers of watercraft that the project will generate
are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
7.5300 And, additionally, if the property is located in the FLOODPLAIN OVERLAY DISTRICT the Planning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard based upon the technical evaluation of the designated engineer or expert. The Planning Commission shall also consider:
7.5301 The danger to life and property due to increased flood heights or velocities caused by encroachments.
7.5302 The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.
7.5303 The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 7.5304 The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner.
7.5305 The importance of the services provided by the proposed facility to the community.
7.5306 The requirements of the facility for a waterfront location.
7.5307 The availability of alternative locations not subject to flooding for the proposed use.
7.5308 The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
7.5309 The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
7.5310 The safety of access to the property in times of flood for ordinary and emergency vehicles.
7.5311 The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
7.5312 Such other factors which are relevant to the purposes of this Ordinance. 7.5400 Conditions Attached to Conditional Use Permits
7.5410 The Planning Commission, upon consideration of the criteria listed above and the purposes of this ordinance, shall recommend the attachment of
such conditions to the conditional use permit as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:
7.5411 Increased setbacks from the ordinary high water level; 7.5412 Limitations on the natural vegetation to be removed or the
requirement that additional vegetation be planted; and
7.5413 Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.
7.5414 Modification of waste treatment and water supply facilities. 7.5415 Limitations on period of use, occupancy, and operation.
7.5416 Imposition of operational controls, sureties, and deed restrictions. 7.5417 Requirements for construction of channel modification
compensatory storage, dikes, levees, and other protective measures. 7.5418 Flood-proofing measures, in accordance with the State Building
Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area.
7.5500 Conclusion of Hearing
7.5510 When all available evidence has been submitted to the Planning Commission, the Commission must determine whether it has received sufficient information to make an appropriate recommendation to the Board of County Commissioners. If so, the hearing shall be closed and the Commission shall arrive at a recommendation within fourteen days. 7.5520 The meeting may be continued so that additional information can be
presented. The hearing shall be continued as soon as practical but in any case shall be within 35 days.
7.5530 The Planning Commission or applicant may request an extension of the decision in excess of thirty (30) days. Upon consent of both the Planning Commission and applicant, the extension may be granted.
7.5600 Report to the County Board
7.5610 After the conclusion of hearing for an application for a conditional use, the County Planning Commission shall report to the Board of County
Commissioners its findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest, at the next available meeting of the Board of County Commissioners.
7.5620 Upon receipt of the report of the Planning Commission, the Board of County Commissioners shall hold whatever public hearings it deems advisable and shall make a decision upon the proposal to grant or deny a conditional use permit.
7.5700 Decisions
7.5710 The Board of County Commissioners shall arrive at a decision on a Conditional Use within 30 days.
7.5715 The Board of County Commissioners or applicant may request an
extension of decision in excess of thirty (30) days. Upon consent of both parties, the extension may be granted.
7.5720 In granting a Conditional Use Permit the Board of County Commissioners shall prescribe appropriate conditions and safeguards, which are in
conformity with the intent of this Ordinance.
7.5730 Violation of any conditions, limitations, restrictions, or other safeguards, written into the terms of approval under which a Conditional Use Permit has been granted, shall be deemed a violation of this Ordinance punishable as specified in Section 9.
7.5740 A copy of all decisions granting Conditional Use Permits for property within the floodplain or shoreland overlay districts shall be forwarded by mail to the Commissioner of Natural Resources, or its local representative, within ten (10) days of such action.
7.5750 Notification of Action. The Zoning Administrator shall send written notice of the Board of County Commissioners decision to the applicant, and affected units of government.
7.5800 Recording of Permit
county recorder or registrar of titles for record. The conditional use permit shall include the legal description of the property involved. The Zoning Administrator is responsible for meeting this requirement.
7.5900 Effectiveness of Permit
7.5910 A conditional use permit shall remain in effect for so long as the
conditions agreed upon are observed, provided that nothing in this section shall prevent the board from enacting or amending official controls to change the status of conditional uses. The conditional use permit shall become void one year after it was granted unless used.
7.6000 INTERIM USE PERMITS
7.6010 Interim use permits may be issued for any and only the uses or purposes for which such permits are required or permitted by provisions of this Ordinance.
7.6020 Any IUP issued under this Ordinance is granted solely to the applicant and/ or the business entity named in the application, and for the premises named in the IUP application. No IUP of any sort granted pursuant to this Ordinance is transferable to any other person or premises. If a change of ownership, control, or location of any licensed premises occurs, whether pursuant to move, sale, transfer, assignment, or otherwise, the owner or proposed new owner must complete a new application subject to approval pursuant to this Ordinance.
7.6030 Interim use permits shall be valid for a period of time specified by the conditions of the IUP. IUP’s shall expire after the specified period of time in the conditions, unless renewed before the expiration date. Once a IUP is renewed it will have to be renewed annually to prevent expiration of the IUP.
7.7000 APPLICATION
7.7010 Applications for interim use permits shall be submitted to the Zoning Administrator on forms supplied by the Zoning Administrator for that purpose.
7.7020 The application must include sufficient information to allow the Zoning Administrator to find that the standards and criteria stated in this ordinance for the granting of such permit can or can’t be satisfied, including but not limited to a description of the proposed use, site plans, and surrounding land use. If the property is located within the floodplain overlay district the application must also include:
7.7021 Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed
structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel. 7.7022 Specifications for building construction and materials, flood-
proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
7.8000 ADMINISTRATIVE PROCEDURE
7.8010 Upon receipt of an application the Zoning Administrator shall review the application as to form, completeness, and compliance with the provisions of this ordinance. If found to be proper the Zoning Administrator shall process the application.
7.8020 If non-compliance is determined, the applicant shall be notified of the appropriate action to be taken.
7.8030 If it is determined that the application complies with the ordinance, the application shall be referred to the Township Board, adjoining property owners, and applicable affected units of government or agencies, for review and comment.
7.8040 If the property is located in the floodplain overlay district the Zoning Administrator may transmit one copy of the application to a designated engineer or other expert person or agency for technical assistance, when deemed necessary by the Zoning Administrator. Technical assistance may include, but not limited to: evaluate the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the proposed use, the potential for impact on the surrounding land uses, the adequacy of the plans for protection, and other technical matters. The expenses for said technical assistance shall be the responsibility of the applicant, and shall be paid in full prior to any interim use permit decision. 7.8050 Notified parties will have 30 days from the date the notification is sent to
comment on the interim use permit application.
7.8060 If no adverse comments are received from the notified parties the Administrator may make a recommendation to the County Board of Commissioners.
7.8070 Upon either a negative comment or a specific request of the Township, or adverse comment from any other notified party, shall initiate the
meeting as an application for a Interim Use Permit, unless waived by the Board of County Commissioners.
7.8080 Any Interim Use Permit to be acted upon by the Planning Commission shall be processed in accordance with the proceeding of section 7.5000 (CUP), and shall endure the CUP permit fees.
7.9000 REVIEW PROCEDURE
7.9010 In all cases the Zoning Administrator shall consider whether:
7.9011 The proposed use is a interim use expressly designated in the ordinance; and,
7.9012 The proposed interim use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the immediate vicinity; and,
7.9013 The establishment of the interim use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area; and,
7.9014 Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided; and,
7.9015 Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use; and, 7.9016 Adequate measures have been or will be taken to prevent or control
offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.
7.9020 Additionally, if the property is located in the SHORELAND OVERLAY DISTRICT a thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site must be made to ensure: 7.9021 The prevention of soil erosion or other possible pollution of public
waters, both during and after construction; and,
7.9022 The visibility of structures and other facilities as viewed from public waters is limited; and,
7.9023 The site is adequate for water supply and on-site sewage treatment; and,
7.9024 The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
7.9030 And, additionally, if the property is located in the FLOODPLAIN OVERLAY DISTRICT the Zoning Administrator or the Planning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard based upon the technical evaluation of the designated engineer or expert. The Zoning Administrator or Planning Commission shall also consider: 7.9031 The danger to life and property due to increased flood heights or
velocities caused by encroachments.
7.9032 The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.
7.9033 The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
7.9034 The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 7.9035 The importance of the services provided by the proposed facility to
the community.
7.9036 The requirements of the facility for a waterfront location.
7.9037 The availability of alternative locations not subject to flooding for the proposed use.
7.9038 The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.